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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was in a bicycle accident last year. I was riding down the

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I was in a bicycle accident last year. I was riding down the hill and entered the crosswalk to cross a side street. I was traveling very fast. A vehicle making a left hand turn, was sitting in the intersection. Apparently he didn't see me coming and made his turn when the car traffic passed. We collided. The police came. No one can remember if the light was on walk or wait, not even me. I had a concussion from the collision, and was knocked unconcious. I cant remember anything from leaving my house to waking up in the hospital the next morning. The police said that it is no fault because no one knew if I had the walk light. I was traveling too fast to push it, but there is a bus stop on that corner and it is very busy with pedestrian traffic and it may have been on walk.

I ended up in the hospital. Two vehicles were damaged, the one that hit me, and the one I landed on. State Farm insures both. State Farm says that they consider me civally liable for the repair claims to both of those vehicles.

Am I? The never contacted me, and turned me over to a collection agency.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. This almost feels like literally adding insult to injury. As for whether or not they are correct, that is generally based on how the accident took place. You mentioned a collision took place. If you were the one who collided with the vehicle (and they did not collide with you), then you are seen, generally, as the party who caused the damage, even if you are obviously not in the same class as a vehicle. That would make you liable for the damage. A mitigating factor would be if you could prove you had a right of way that the other vehicle did not respect, or if you had a light and right to travel. But if you do not remember, and by your own admission was going fast, then you can be considered liable and the party who caused the accident. You can obviously fight it, request that they take it to court, and get the judge to see that there was nobody listed as a responsible party, but from a default position the insurance company has a viable legal argument on their side.

Good luck.

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